1-7-903. Preparation of written comments
Overview of Statute
The process for preparing ballot issue notices with summaries of written comments will depend upon the type of measure. [1] For referrred measures, the designated election official must provide a summary of all filed comments on the ballot issue notice. Petition representatives, however, must provide a summary of comments supporting an initiated measure to the designated official at least forty-three days before an election. The designated official will then combine this summary with a summary of comments in opposition. If no comments were filed, the designated official must indicate this on the ballot notice. In political subdivisions without a designated election officials, the governing body must fulfill these responsibilities. None of these requirements will apply to statewide ballot issues subject to certain state constitutional provisions.[2]
[1] Section 20(3)(b)(v) of article X of the state constitution.
[2] Section 1(7.5) of article V of the state constitution.
Statute
(1) For referred measures, the designated election official shall summarize the filed comments in favor of and in opposition to the ballot issue for the ballot issue notice.
(2) For initiated measures, the petition representatives shall be solely responsible for summarizing all comments filed in favor of the ballot issue. The designated election official shall summarize all comments filed in opposition to the ballot issue.
(3) Petition representatives required to summarize favorable comments in favor of their petition shall submit the summary in typewritten form to the designated election official for the jurisdiction in which the petition is presented no later than forty-four days before the election. If a summary is not filed by the petition representatives within the time allowed, the designated election official shall print the following in the ballot issue notice where the summary would appear: “No summary was filed by the statutory deadline.”
(3.5) For political subdivisions of the state, including but not limited to special districts, that have no designated election official, the governing body of a political subdivision shall be solely responsible for preparing the summary of the filed comments in favor of and in opposition to the ballot issue for the ballot issue notice required by section 20 (3) (b) (v) of article X of the state constitution.
(4) If no comments are filed in opposition to or in support of a ballot issue, the designated election official shall not prepare any summaries and shall state substantially the following in the ballot issue notice where the summary or summaries would appear: “No comments were filed by the constitutional deadline.”
(5) The provisions of this section shall not apply to a statewide ballot issue that is subject to the provisions of section 1 (7.5) of article V of the state constitution.
Source: L. 96: Entire part amended with relocations, p. 1747, § 44, effective July 1.L. 97: (3) amended, p. 1099, § 2, effective May 27.L. 99: (3) amended, p. 776, § 55, effective May 20.L. 2010: (3.5) added, (HB 10-1116), ch. 194, p. 833, § 17, effective May 5. L. 2018: (3) amended, (SB 18-233), ch. 262, p. 1611, § 23, effective May 29.
- Cross-References:
- Ballot Access
- Ballot Form & Content Requirements
- Ballot Initiatives & Recall Elections
- Election Day
1. Definition for Ballot issue
A nonrecall, citizen-initiated petition or legislatively-referred
measure which is authorized by the state constitution, including a question as defined in sections 1-41-102 (3) and 1-41-103 (3), enacted in Senate Bill 93-98.
2. Definition for Political subdivision
A governing subdivision of the state, including counties, municipalities, school districts, and special districts. C.R.S. § 1-7.5-103.
3. Definition for Designated election official
The secretary of state, a county clerk and recorder, or other election official as provided by article XXI of the state constitution. C.R.S. § 1-12-100.5.
4. Definition for State
A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.
5. Definition for Ballot
(a) A federal write-in absentee ballot;
(b) A ballot specifically prepared or distributed for use by a covered voter in accordance with this article; or
(c) A ballot cast by a covered voter in accordance with this article.
(2) “Covered voter” means:
(a) A uniformed-service voter defined in paragraph (a) of subsection (9) of this section who is a resident of this state but who is absent from this state by reason of active duty and who otherwise satisfies this state’s voter eligibility requirements;
(b) An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements;
(c) An overseas voter who, before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements; or
(d) An overseas voter who was born outside the United States, is not described in paragraph (b) or (c) of this subsection (2), and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements if the last place where a parent, legal guardian, spouse, or civil union partner of the voter was, or under this article would have been, eligible to vote before leaving the United States is within this state.
C.R.S. § 1-8.3-102.
6. Definition for Section
A bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, the abstract required by section 1-40-110 (3), and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors’ signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.
7. Definition for Election
Any election under the “Uniform Election Code of 1992” or the “Colorado Municipal Election Code of 1965”, article 10 of title 31, C.R.S. C.R.S. § 1-7.5-103.